On Amending The Law Of Ukraine "on Foreign Economic Activity"

Original Language Title: Про внесення змін до Закону України "Про зовнішньоекономічну діяльність"

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Read the untranslated law here: http://zakon3.rada.gov.ua/laws/show/360-16

                                                          
With a k o n u r as th h s on amendments to the law of Ukraine "on foreign economic activity" (Supreme Council of Ukraine (BD), 2007, N 3, art. 29), the Verkhovna Rada of Ukraine n o s t a n o in l I have: 1. Contribute to the law of Ukraine "on foreign economic activity" (959-12) (Supreme Council of Ukraine, 1991, N 29, art. 377; 1993, N 17, art. 184; in 1995, N 13, art. 85, N 14, art. 93; 1999, N 7, art. 49; 2004, N 14, art. 197;
2005, N 3, St. 78) are as follows: 1) paragraphs of the twenty-fifth, twenty-sixth, twenty-eighth, twenty-ninth article 1 exclude;
2) article 7 of supplement parts of this content: "in Ukraine under this law are introduced such legal regimes for goods imported from the States-members of the World Trade Organization (hereinafter referred to as the WTO): national treatment, which means that with respect to imported goods originating from Member States of the WTO regime is provided not less favorable than for similar goods of Ukrainian origin for taxes, fees, of laws and other regulations the rules and requirements for domestic sale , offer for sale, purchase, transportation, distribution or use of the goods, as well as the rules of internal quantitative regulation that set the requirements for the mixing, processing or use of the goods in specific quantities or proportions;
most favored, which concerns the duties, customs fees, methods of collecting such duties and charges, regulations and formalities in connection with importation and means that any advantage, assistance, privilege or immunity granted in respect of any product that comes from any State should immediately and unconditionally be granted a similar product, which comes with the territory of the WTO Member States or States with which concluded bilateral or regional agreement on regime favoured.
The exception concerning the regime favoured in the form of preferences can be made for products originating from countries with which Ukraine has signed a free trade agreement or Customs Union or interim agreement, which in the future will lead to the creation of free trade zones or customs unions within a reasonable period of time (10 years), or the agreement on border trade and the application of the General system of preferences;
3) in eighth paragraph of article 9, the words "subject to licensing or exclude;
4) articles 16 and 17 lay in the following wording: "the article 16. Licensing of foreign economic transactions, Licensing of foreign economic operations is defined as a complex of administrative actions of the Executive authority on issues of economic policy with the authorization to conduct the subject of foreign economic activity of export (import) of goods.
Licensing of exports (imports) of the goods is carried out in the form of automatic or an on-demand licensing.
Automatic licensing is defined as administrative actions of the Executive authority on issues of economic policy to foreign economic activity permit implementation for a certain period of export (import) of goods for which no set quotas (quantitative or other restrictions). Automatic licensing of exports (imports) as the administrative procedure of registration and issuance of license has a restrictive effect on the goods, the export (import) are subject to licensing.
Automatic import licensing should be cancelled in the event of termination of the circumstances that were the basis for its implementation, as well as in the case of existence of other procedures that can be used to solve the task, which introduced the automatic licensing.
Non-automatic licensing is defined as administrative actions of the Executive authority on issues of economic policy to foreign economic activity permit implementation for a certain period of export (import) of goods for which set specific quotas (quantitative or other restrictions). Non-automatic licensing of exports (imports) as the administrative procedure of registration and licensing is used in case of establishment of quotas (quantitative or other restrictions) for export (import) of goods.
Quantitative restrictions are applied only on non-discriminatory basis, i.e. no ban or restriction does not apply to Ukraine concerning the import of any goods on the territory of Ukraine or for the export of any product destined for the territory of any State, if only the imports of similar goods from all third countries in Ukraine or exports to all third countries is similarly prohibited or restricted, unless otherwise provided by international agreements and legislation.
Licensing of export of goods introduced in Ukraine in case of: a significant imbalance regarding certain products on the domestic market that have significant value to life in Ukraine, especially agricultural products, fisheries products, the production of food and industrial goods of wide consumption necessities or other goods.
Such licensing is temporary and applies until the restoration of balance for certain products on the domestic market;

need to ensure the protection of life, human health, animals or plants, environmental protection, public morals, national wealth of artistic, historical or archaeological value or the protection of intellectual property rights, as well as in accordance with the requirements of State security;
the export of gold and silver, except precious metals;
the need to apply measures to protect domestic producers in the case of limit exports of domestic materials necessary to ensure sufficient materials such a domestic processing industry during periods when the domestic price of such materials is kept at a level below the world price, subject to the introduction of the Cabinet of Ministers plan to stabilize and, provided that such restrictions should not lead to an increase in the export of goods of such field of domestic industry. Such measures are used exclusively on non-discriminatory basis;
need to ensure the protection of patents, trademarks and copyrights;
need to ensure the implementation of the international treaties of Ukraine.
Licensing of import of goods introduced in Ukraine in case of: a dramatic deterioration of the balance of payments and external payments (if other measures are ineffective);
the drastic reduction or minimum size of reserves;
need to ensure the protection of life, human health, animals or plants, environmental protection, public morals, national wealth of artistic, historical or archaeological value or the protection of intellectual property rights, as well as in accordance with the requirements of State security;
imports of gold and silver, except precious metals;
the need to apply measures to protect domestic producers in cases of import growth in Ukraine that severely harm or threaten significant harm challenge national tovarovirobniku like or directly competing product.
Such licensing is temporary and applies the term to avoid the task of widespread damage or compensate for sustained considerable damage to the national tovarovirobniku and gives him the opportunity to restore its profitability;
need to ensure the protection of patents, trademarks and copyrights;
need to ensure the implementation of the international treaties of Ukraine.
The decision on the application of the licensing regime of export (import) of goods, including the establishment of quotas (quantitative or other restrictions), adopted by the Cabinet of Ministers of Ukraine by the central body of the Executive Branch on economic policy with the definition of the list of specific goods, the export (import) are subject to licensing, the licensing period and quantitative or other restrictions on each product.
In the case of the application of safeguard measures to protect domestic producers the decision on the introduction of a licensing regime is made by the International Trade Commission in accordance with the law.
In respect of each type of product, there can be only one kind of license.
Licenses are issued by the central body of the Executive Branch on economic policy, as well as within the granted him powers to appropriate Republican body of the Autonomous Republic of Crimea, a structural subdivision of regional, Kyiv and Sebastopol city State administrations.
In the case of the subject of foreign economic activity of the procedure for such activities by this law or other laws of Ukraine, may be applied to individual licensing regime pursuant to article 37 of this law.
Licences shall be issued on the basis of requests of subjects of economic activities are in the form established by the Central Executive authority on issues of economic policy.
For reception of licence applicants apply generally to one organ of executive power. In case of need in obtaining approval of a possible recourse to several executive bodies, but no more than three.
Consideration of applications for licences can be made in the order they arrive, which is determined by the dates of registration applications, or after the end of the announced deadline of acceptance.
In the application for a license shall include the following information: full name of the subject of foreign economic activity, the surname and the name of its leader, the name and code of the goods (products) in accordance with the classification of the goods of foreign economic activity (COMMODITY) (2371-14, 2371-14, 2371-14, 2371 GA-14), the manufacturer, consumer goods (goods) code and the name of the State (States) origin and destination-in the case of export, the code and the name of the State (States) origin and the sending-in case of import the effective period of the license, the number and value of the goods (goods) code and the name of the Customs Office, the full name and address of the seller and the buyer, the kind of transactions, the currency of payment, and additional units of goods (goods), the consent of the authorities (if necessary), the basis for the request of licenses, special license terms.
When submitting the application form may be required documents and information

which are necessary for confirmation of data specified in the application and zovnìšn′oekonomìčnomu agreement (contract).
The application may not be rejected if you make minor errors in the documents submitted to obtain a license if they do not change the data contained in the application. The main data are considered under the terms of the external economic agreement (contract).
In the case of the introduction of a licensing regime, the term automatic licensing shall not exceed 10 working days from the date of receipt of the application form and other necessary documents that meet the established requirements. Can not be denied the issuance of a license if all necessary documents are submitted and meet the requirements.
In the case of the introduction of a regime of an on-demand licensing: term of consideration of applications should not exceed 30 days from the date of their receipt, if the applications are examined in the order they arrive, and more than 60 days from the date of the end of the announced deadline of acceptance of applications, if they are considered at the same time;
the license is issued on the basis of an application within the quotas, indicating the period of the license;
If at the time of filing (in the case of the application of the procedures for reviewing in order of receipt) set quotas (quantitative or other restrictions) expired, this application is not considered. The fact that the quotas (quantitative or other restrictions) exhausted the subject of foreign economic activity, which has submitted a corresponding application is reported in writing within seven working days from the date of its receipt;
the decision on the issuance of a license shall be made taking into account the data on the use of previously granted licenses subject to the observance of the subjects of foreign economic activity of the requirements of the law on protection of economic competition.
When considering the applications at the same time, if the implementation of an on-demand licensing for the first time, the distribution of quotas is made in proportion to the volume specified in the applications of the subjects of foreign economic activity.
Non-automatic licensing shall not have restrictive or that violates the trade impact on the goods in addition to the impact that occurs as a result of the introduction of a regime of an on-demand licensing.
The license is issued, if the application and the other filed documents with compliance with the requirements established by law. The validity of licences should include obligations of the beneficiary of the license for foreign trade agreement (contract), but do not exceed term of quantitative restrictions.
The decision to refuse to issue a license should be motivated, accepted in the timelines established for the consideration of applications and sent (seems to be) to the applicant in writing.
In case of refusal to issue a license applicant has the right to appeal the decision in accordance with the law.
A license fee charged, the amount of which is determined by the Cabinet of Ministers of Ukraine taking into account the actual costs associated with the use of the procedure of licensing.
Customs clearance of the goods, the export (import) are subject to licensing, is carried out only in the presence of the appropriate license.
The central body of the Executive Branch on economic policy monthly inform the central body of the Executive power in the sphere of customs of issued licenses for the export (import) of goods that are subject to licensing.
The central executive body in the field of customs monthly presents the Central Executive authority on issues of economic policy information on volumes of export (import) of goods for issued licenses.
Licensing of barter (barter) operations are carried out in case the subject of these transactions are the goods, the export (import) are subject to licensing.
Licensing of exports (imports) of discs for laser reading systems, matrices, equipment and raw materials for their production is carried out taking into account the requirements of the legislation on the production, export, import of disks for laser reading systems in accordance with the procedures for issuing licences, established this article.
Licensing does not apply to the export and sale of category and lucrative products, received by the investor in the property under the terms of the production sharing agreement concluded in accordance with the law of Ukraine "on production sharing agreements" (1039-14). The introduction of any restrictions on the export and sale of such products, including quantitative, not allowed, unless otherwise provided by the agreement on the distribution of products.
Installed this article licensing procedures do not apply to the export (import) of goods referred to in article 20 of this law.
The list of goods, the export (import) are subject to licensing, information on the period of validity of licenses and making any changes to them, the procedure for submission and review of applications published in the official printed publications of Ukraine with relevant WTO Committee within 60 days from the date of publication and the provision of copies of these publications.
The publication must include the following information: a list of products subject to licensing procedures;
contact point for providing information on the right to receive the license;
the administrative body (bodies) for the submission of applications for a license;
the date and name of publication, which set out the procedures

licensing;
indication of whether automatic licensing or neavtomatičnim;
administrative goals-in the case of automatic import licensing procedures;
specify the measures that are applied through the licensing procedure, in the case of an import licensing procedures;
expected duration of the licensing procedure if it can be established with some degree of probability, and if not, then the reason why this information cannot be provided.
If the quota is allocated among supplier countries, information on the distribution of quotas to be up publishing the report about this other States interested in the supply of certain goods to Ukraine.
Official publication is carried out in the period of not later than the date of the introduction of a licensing regime.
At the request of interested Member States of the WTO must be provided relevant information on: the application of limitations;
the number of licences issued for a definite period, indicating the necessary volume and/or value of goods;
distribution of licenses among the countries-suppliers;
statistics on the volume and/or the cost of goods.
The action of this article does not apply to the operations of the National Bank of Ukraine, which made him according to the law of Ukraine "on the National Bank of Ukraine (679-14).
The exercise subjects of foreign economic activity of foreign economic operations without appropriate licences entails the imposition of a fine in accordance with article 37 of this law in the amount of 10 percent of the cost of the operation, transferred in the currency at the official exchange rate of hryvnia to foreign exchange rates, established by the National Bank of Ukraine on the day of the transaction.
Fines levied by the authorities of the State tax service on the basis of the relevant decisions of the central body of the Executive power on the issues of economic policy in the manner prescribed by the law of Ukraine "about the order of repayment of liabilities of taxpayers to budgets and State trust funds (1893-14).
Article 17. Prohibition of certain types of export and import is prohibited in Ukraine: export from the territory of Ukraine of items that make up the national, historical, archaeological or cultural heritage of the Ukrainian people, which is determined in accordance with the laws of Ukraine;
import or transit of any goods, which is known in advance that they can harm public morals, health or endanger the population, fauna and plants, or cause harm to the natural environment, if regarding the transit of goods not taken the necessary measures to prevent such damage;
import of products and services that contain propaganda of ideas of war, racism and racial discrimination, genocide, etc., that are contrary to the relevant regulations of the Constitution of Ukraine (254 k/96-VR);
the export of natural resources, which are drying up, if the restrictions also apply to domestic consumption or production;
export and import of goods that are carried out in violation of intellectual property rights;
exports from the territory of Ukraine of products within the framework of the decisions of the Security Council of the United Nations on the application of restrictions or embargoes on the supply of goods in the appropriate State.
Implementation of the prohibition of exports or imports from other grounds is possible only if it is allowed to international treaties, a party which is Ukraine.
The list of goods, the export (import) of which through the territory of Ukraine is prohibited, is determined exclusively by the laws of Ukraine.
Control over the execution of the requirements contained in this article, the Customs authorities of Ukraine and the central body of the Executive Branch on economic policy ";
5) article 29 lay in the following wording: "article 29. Measures of Ukraine in response to discriminatory and/or unfriendly actions of other countries, customs unions or economic groups if there is information about what other States, customs unions or economic groups restrict the exercise of the legitimate rights and interests of the subjects of foreign economic activity of Ukraine, in response to such actions may apply adequate measures. In case such actions harm or endanger her causing State and/or to the subjects of foreign economic activity, these measures may include compensation.
Measures in response to discriminatory and/or unfriendly actions of other countries, customs unions or economic groups are carried out in accordance with the laws of Ukraine, international agreements of Ukraine, the generally accepted norms, standards and rules of international law.
Such measures are: the application of the ban (the full embargo) on trade;
application of partial ban (a partial embargo) on trade;
getting rid of the regime favoured or preferential special regime;
the introduction of special taxes;
the introduction of a licensing regime and/or quotas on foreign economic operations;
setting the quota (contingent);
the introduction of a combined regime of quotas and contingents;
the introduction of indicative prices for import and/or export of goods;
other measures provided for by the laws and international agreements of Ukraine.
In the case of Ukraine and state that applies in respect of

of action, containing signs of discriminatory and/or hostile, are members of one and the same international intergovernmental organizations, consideration and settlement of disputable situation is carried out in accordance with the rules and procedures of this organization.
In the case of Ukraine and of the Customs Union or economic grouping, which applied in relation to actions that contain signs of discriminatory and/or hostile, are members of one and the same international intergovernmental organizations, consideration and settlement of disputable situation is carried out in accordance with the rules and procedures of this organization.
The decision on the application of measures in response to discriminatory and/or unfriendly actions of other countries, customs unions or economic groupings accepted bodies of State regulation of foreign trade activities in accordance with the recommendations of the Inter-departmental Commission for the international trade in accordance with their competence.
For the purpose of establishing the facts of discriminatory and/or hostile actions of other countries, customs unions or economic groupings of central body of the Executive Branch on economic policy, conducts the appropriate investigations in a manner determined by the Cabinet of Ministers of Ukraine.
The materials of this investigation are considered International Trade Commission, which makes recommendations to the appropriate State bodies on the application of appropriate measures. Based on the materials of the investigation of the central body of the Executive power on the issues of economic policy, together with the Ministry of Foreign Affairs appeals to the relevant State and/or the competent authorities of other countries or customs unions or economic groupings with a proposal concerning the review and settlement of disputable situations.
If you receive a positive response from these organs of the central body of the Executive Branch on economic policy forming a delegation to conduct the relevant negotiations and preparation of relevant international agreements, interdepartmental or intergovernmental character.
If the relevant Government and/or the competent authorities of other countries or customs unions or economic groupings did not give official consent to the application of international legal means of settling international disputes and/or discriminatory and/or unfriendly actions of these bodies directly or indirectly violate the international agreements of Ukraine from these countries, customs unions or economic groups, the central body of the Executive Branch on economic policy within the limits of its competence, According to the recommendations of the Inter-departmental Committee on international trade, conveys Cabinet materials for making appropriate decisions on the application of the necessary measures.
Measures in response to discriminatory and/or unfriendly actions of other countries, customs unions or economic groupings shall be terminated in the event of the termination of the respective States, customs unions or economic groups following on Ukraine, the signing of the agreement and/or compensation of damage.
Acts of the Cabinet of Ministers of Ukraine on the settlement of the dispute and the application of measures in response to discriminatory and/or unfriendly actions of other countries, customs unions or economic groups are required for the performance of executive bodies in Ukraine, the subjects of foreign economic activity and foreign entities.
The decision on the application of appropriate measures in response to discriminatory and/or unfriendly actions of other countries, customs unions or economic groupings can be appealed judicially within one month from the date of implementation of such measures in the manner prescribed by the laws of Ukraine. "
2. this Act comes into force from the day of its publication.

President of Ukraine v.Yushchenko Kyiv, November 16, 2006, 360 N-V